The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-10-27

from the record to show the extent o.
the preposSessionS and preiudices of 8
particular juror and the view taken by
the court as to his admissablity. He
was interrupted second time by JUS
tice Miller, who asked:
WAS this man actually on the jury
this man referred to in the colloquy,
which you have just read?"
Mr.. PryOr-"N0, your Honor: but
Mr.. Justice Miller-''Then this par
ticular man was not on the trial jury?"
Mr.. Pryor-s'No, Your Honor he was
not, but exactly the same questions
were raised in the cases of men who
Were.o
Justice Miller said he asked for IN
formation, because in case which re-
Gently came before him in Missouri,
similar objections were urged to a par
ticular juror and it cost him three days
study OF the record to find out that the
man whose case was thus emphasized
in the argument, had not actually been
a member of the jury at all.
Mr.. Pryor said it abundantly ap-
peared in the records that at least two
trial, were persons having proposes
sions and prejudice of the character de-
scribed. Thus by the action of the
lower court, he said the Illinois
statute had been made to deprive the
accused of the right of trial by an i'm
partial jury, had abridged their priv
ilegeS as citizens of the United
States, and was about to deprive them
of life, etc., without the process of
law.
The Chief Justice remarked that the
only question for this Court, was
whether the statute was constitutional.
If the court erred in its administration
of the statute, that was question for
the state court.
Mr.. Pryor replied that the action of
the state court was the action of the
filtered unfairly, it was a
state action, and that brought 1t with
in the jurisdiction of the court. 1T
must be so,'' said Mr.. Pryor, because
if a state pass seemingly fair statute,
and then ignore it, or administer it I'M
fairly, then, the protection which the
Fourteenth Amendment is intended to
give is denied. To try a man for his
life by partial jury is not due pro-
cess of law, and never was due process
of law
Mr.. Pryor's second point was that
the petitioners had been compelled in
the trial in the lower court to be wit
nesses against themselves. Some of
them were on the stand, and in spite
of the protests of the counsel, they
were compelled to submit to an unre-
strained cross examination and Grimm
ate themselves. Compelling a man to
testify against himself is not due
after their arrest the police, with
out any process of law, broke
open their private desks and extracted
from them letters and other criminat-
ing evidence, and these letters, gotten
without due process of law, were
used against them. When the object
ion was raised it was overru1ed, and an
exception was taken.
The Chief Justice-"Can you point us
to, the precise exception that was
taken?'
Mr.. Pryor then read extracts from
the record covering the seizure of
Spies papers without a search war
rant, and the use of them against him,
and maintained that it was virtually
compelling him to testify against him
self in violation to the Fifteenth
to the Constitution.
The Chief Justice-"Does the record
show in what way the papers were &C
quired and used?"
Mr.. Pryor-''Oh abundantly."
The Chief JQstice-"Have you print
ed in your petition those parts Of the
records where this appeared?"
Mr.. PryOr-No sir, but we have ref
erences to them and the records here.
In conclusion, MIR. Pryor said it was
not necessary to refer specially to the
Fifth Amendment or the Fourteenth
Amendment, or any other particular
amendment, as violated by the Illinois
statute, and the proceedings
in State courts. He wished
simply to say broadly that
these were the QueStianS raised under
the Federal Constitution. ''And now,
Your Honor" he said, 1--WE submit to
you in these questions that there is a
general question raised which entities
the prisoners to the writ of error
prayed for"
At the conclusion of Mr.. Pryor's
speech the Chief Justice held a brief
whispered consultation with several of
the Associate Justices, including Field,
Miller, Harlan and Matthews, and
then said:
''Mr. Pryor you may have printed,
at once if possible, the parts of the
records which raise these questions,
and hand them to us this afternoon or
early tomorrow morning, and on Mon
day we will indicate what is further
necessary to be done.''
MIR. Pryor bowed and all the coun-
sci for the Anarchists, and most of
the large audience which had assem-
bled, streamed out of the court room
into the corridor. discussing the pro
ceedingS and the condemned prisoners
chance for hearing before this court.